对实施卓越法律人才教育培养计划的探讨

复合型法律人才是具有跨学科专业知识和能力的高级法律人才,培养复合型人才是卓越法律人才培养计划的任务之一。我国培养卓越复合型法律人才要以专门培养模式为主,延长培养时间,制定合理的课程体系,培养学生的职业技能,建立高校与实务部门联合培养机制,以推进培养方法的改革。     

Research-informed teaching: a clinical approach

In a bid to attract students amidst increasing competition within the sector, many universities claim that their teaching is “research-informed”. However, there is some disagreement amongst academics about what actually counts as research-informed teaching and therefore how it should be developed and delivered. Furthermore, whilst academic reputation is a key factor for prospective university applicants, the primary objective of the majority is to enhance employability. Institutions must therefore be careful to ensure that research-informed teaching is developed in a way that is perceived to help rather than hinder this fundamental objective. This article seeks to define research-informed teaching and then considers whether clinical approaches to both teaching and research can offer more widely applicable strategies for effective integration of the two. Two case studies are considered: first, the writer’s own experience as a solicitor in private practice; and secondly, Hallam Law, Sheffield Hallam University’s pro bono law clinic. It is submitted that by adopting a clinical approach to the research and teaching on more orthodox, academic modules, it may be possible to develop and deliver research-informed teaching in a way that enhances employability and therefore appeals to prospective law students.     

Teaching medical ethics and law

The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.     

医事法专业实践教学的模式设计

在教育部的指示下,为了加强实践教学,各大高等院校根据高校类型的不同和学科的差异,纷纷调整专业的培养方案,增加实践教学的学时,医事法专业也不例外。在分析医事法专业实践教学意义的基础上,介绍医事法专业实践教学的原则,抛砖引玉,提出医事法专业实践教学的六种模式设计。     

New Wine in Old Bottles or New Wine in New Bottles?

This chapter traces the origins of what became the new university law schools, paying particular attention to the creation, culture, and contribution of the United Kingdom polytechnics. It argues that the 'equal but different' philosophy of the polytechnics has special application to law teaching. In particular, it demonstrates that legal education outside the traditional universities has a commitment to vocationalism, innovation in teaching and learning, and to widening access to both legal education and the legal profession. Drawing on research findings, the chapter explores the nature and the professional norms of law teachers in new universities, as contrasted with their counterparts in the traditional sector.     

Diversion Under Malaysian Juvenile Justice System: a Case of Too Little Too Late?

The concept and practice of diversion are not a novel phenomenon. For many years, diversion from formal adjudication by court has been widely adopted as an important feature of various juvenile justice systems across the countries. There are different forms of diversion programmes which have been designed and implemented with the aim to divert children from direct contact with formal criminal process. Various researches on diversion programmes have disclosed positive impacts on their effectiveness in handling children in conflict with the law. This article focuses on criminal process under current Malaysian juvenile justice, in which the concept of diversion is still a strange subject. It highlights issues under current juvenile criminal justice and examines the possibility of integrating diversion programmes as alternative measures to deal with children in conflict with the law. Introduction of diversion programmes as part of the current system is seemed as potential alternative measures to improve the effectiveness of the current Malaysian juvenile justice system.     

Indigenous Peoples and Family Law: Issues in Aotearoa/New Zealand

This article provides a glimpse into how historical and currentlegislation has attempted to grapple with the practice of customaryfamily law by the indigenous peoples of Aotearoa/New Zealand.It focuses on examining family law in two contexts: marriageand property ownership; and children and legal parenthood. Theanalysis provides an interesting insight into the interplaybetween customary law and statute law. The impact of colonizationupon indigenous peoples and the practice of their law, and howgovernments today choose to recognize and provide for indigenouspeoples is a policy issue prevalent in many of the British colonizedlands. This article concludes that a comprehensive review ofthe nature and extent to which legislation should provide forMaori customary law is required in Aotearoa/New Zealand. Thehaphazard approach of current years is insufficient.     

Socio‐legal Studies in Aotearoa/New Zealand

This article reviews the development and impact of the socio‐legal field in New Zealand. It begins by assessing the socio‐legal presence within teaching and research conducted across New Zealand's law faculties before analysing factors likely to inhibit future growth of the sub‐discipline in this remote jurisdiction. Having examined how New Zealand's legal scholars map and influence national legal behaviour, without always recognizing contradictions between these objectives or categorizing their research as ‘socio‐legal’, the article goes on to examine how the next generation of socio‐legal researchers might exert stronger influence over the law curriculum and new areas of legal policy. In conclusion, it argues for a distinctive New Zealand approach toward socio‐legal studies and notes that future prospects appear encouraging, and in certain respects more promising than those in the United Kingdom, particularly when considering research impact.     

本科应用型法律人才培养目标研究

人才培养目标涉及到人才培养的基本规格.本科应用型法律人才培养目标的基本构成要素应当包括：知识、能力和素质.因社会需求和各高校的人才培养类型定位不同,不同层次或类型的高校,其法学本科专业人才培养目标的具体内涵也应有所不同.教学型高校本科应用型法律人才培养目标应具备三个基本特征：一是面向基层培养人才;二是所培养的人才具有突出的实际工作能力;三是要求培养出的人才具有从事法律实务工作必备的身心素质和职业道德修养.     

Privatizing the Universities

For most of the twentieth century, privatization of state universities seemed inconceivable. By 1997 government reviews of tertiary education in the United Kingdom, Australia, and New Zealand were all exploring variations on a market-driven theme. Similar policy agendas were being promoted through international agencies like the World Bank and the Organization for Economic Co-operation and Development (OECD). This article examines the convergence of tertiary education restructuring and the extent to which that reflects, and serves to embed, an ascendant neo-liberal hegemony. Taking the extreme example of New Zealand, it assesses the implications of a global competitive model of tertiary education for law schoools in the common law world.     

Legal education in Nigeria: an evaluation of the recruitment practice for the teaching of law as a career

This article makes a critical assessment of legal education in Nigeria, focusing on the standard of hiring for the teaching of law as a career in the country. Legal academics are hired based upon an accreditation standard that requires a vocational qualification determined through a call to the Nigerian Bar. The article argues that making a vocational qualification a criterion for academic appointment – apart from other achievements demonstrated through higher law degrees – inhibits innovation in teaching and learning and needs to change. This change is premised on three reasons: the growth of interdisciplinary legal scholarship; the trend in the legal marketplace; and the correlation between a law faculty and a department of religion. And it concludes with some proposals to think about for a more scholarly approach towards the teaching of law within Nigerian academia. The aim of this article is to inform the essential dichotomy between legal scholarship and practice, and the transnational aspirations of legal academics, for those involved in the development of law teaching and study, as well as those concerned with educational policy and administration around the world.     

Pressing for Sentence? An Examination of the New Zealand Crown Prosecutor’s Role in Sentencing

Prosecutors are among the most powerful actors in any criminal justice system. Their exercise of discretion, however, has not been subjected to the same level of public and empirical scrutiny as other parts of the criminal justice system. To deepen understanding, I empirically explore for the first time the form, function and limits of the New Zealand Crown Prosecutor’s role at the sentencing stage of the criminal justice process. Semi-structured interviews of a non-representative sample of ten Crown Prosecutors are analysed using Hawkins’ framework of “surround”, “field” and “frame”. Findings suggest that whilst New Zealand’s regime shares history, principles, and structural features with English and Australian regimes, it goes further to permit Crown Prosecutors a more assertive role in sentencing. In the ‘surround’, populist and managerial pressures create frustration, strain, and concern. Changes to funding models suggest the potential for unjust sentencing outcomes has increased. The “surround” also intrudes upon and transforms decision-making “frames”. The opinions and presence of stakeholders influences decisions and practices at office and individual levels. Justice may be reactive, forward-looking, or negotiated depending on the particular mix of individuals involved – something accentuated by the regime’s privatised and decentralised form. Findings also suggest that Crown Prosecutors “frame” their role in occupational terms. The lack of interest of universities, professional bodies, and law and policy-makers in offering or requiring prosecutorial training before entry to the role is influential. This renders decision-making more susceptible to pressures in the “surround” and “field”, and increases variation in decision-making “frames”.     

The performance of law students at a London college

This article examines the value of jurisprudence in legal education. It argues that jurisprudence should be mandated at an early stage of the students' law curriculum as the legal ideals that may be imparted through a jurisprudence course cannot be adequately taught in a professional ethics course or through teaching jurisprudential perspectives in doctrinal subjects. Law schools have a special responsibility to get students thinking about what law is, what makes law legitimate, and how law is related to justice, morality, politics and rationality. A mandatory jurisprudence course should be intentionally structured along these themes.     

检察权谦抑性的法理基础

刑事诉讼中的检察权行使,要尽可能地保持克制、妥协、宽容,这就是检察权的谦抑性.检察权的谦抑性是受刑事诉讼法学、刑法学、犯罪社会学和刑事政策学等学科理论和实践发展的深刻影响而形成的.检察权行使的谦抑性最终要由具体的检察官来体现和贯彻,因此,一方面要从立法上人手;另一方面,要通过培养心怀谦抑的检察官入手,从而使刑事法的谦抑理念与检察官内在的谦抑品性相协调.     

A medical model for criminalistics education

The history of medical education during the period of 1870 to 1926 is examined in the context of current issues confronting education in the forensic laboratory sciences. Medical education was radically altered during this period, changing from a rudimentary lecture/apprenticeship system into its modern form. Although the motivating forces had developed over some time, the actual change was quite rapid. By examining how this change occurred, we gain insight into how changes in our own profession might be initiated. Parallels between our current situation and that in medical education 117 years ago include: (1) the primary burden of professional education is borne outside the university in an apprenticeship system, (2) the apprenticeship system is overburdened by a dramatic expansion in the knowledge and skills needed for professional practice, (3) there is no standardized curriculum or accreditation process for educational programs, and (4) there is no educational program that incorporates formal clinical education. Based on this historical analysis, three major goals are proposed: (1) active entreprenurial promotion of professional educational programs by academics, (2) creation of a committee within the American Academy of Forensic Sciences to critique and rate university programs, and (3) the development of a well-defined clinical education program. A model for formalized clinical education in the forensic laboratory sciences is proposed, incorporating clinical professors, student clerkships, and university control over instruction within an operational forensic science laboratory. Benefits from this arrangement include: efficient combination of physical plants, added personnel resources in the laboratory, rapid introduction of research into the laboratory, enhanced prestige for both academics and practitioners, and relief of the laboratory's in-house training burden.     

The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics

ABSTRACT

Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.     

Open and distance learning in a New Europe*

Legal education is gradually moving away from the teaching of national law towards a more European, transnational, or even “global” way of teaching. This paper seeks to explain why an international legal education is to be preferred to a national curriculum and what this means for how law is taught and how law schools are ideally organised. The arguments for an international legal education lie in the increasing plurality of legal sources, the desire to attract students from a larger pool, and the need not only to give students a specialised professional training but also to prepare them for global citizenship. It is claimed students should be exposed to alternative ways of achieving justice, thus creating a dialogue with otherness. This can be done by a focus on the arguments behind the choices made by the relevant authorities and not on the doctrinal intricacies of national legal systems. This type of international curriculum, in which competing conceptions of justice are at the centre of attention, requires a specific teaching method. Two methods seem best suited to allow students to construct their own understanding of legal problems: problem-based learning (PBL) and the Socratic method. In addition, teaching law in an international setting forces us to think through the sequence in which the various jurisdictions come to the fore, the assessment of students and the use of teaching materials and language of instruction. Also discussed are the challenges for the law school as a whole, such as the relationship between teaching and research, the recruitment of faculty and the decreasing relevance of the traditional departmental structure.     

The Changing Position of Legal Academics in the United Kingdom: Professionalization or Proletarianization?

This article analyses changes to United Kingdom (UK) university law schools during the period coinciding with Phil Thomas’ career as a law teacher – the latter part of the twentieth century and the first two decades of the twenty-first – in part illustrating the analysis with other examples from Thomas’ career. We will focus specifically on the way in which what it means to be a legal academic has altered, with UK legal academics having been professionalized as a community during this era. Yet, seemingly paradoxically, it is also an era during which, many have suggested, academics in UK universities have become a proletariat.     

Experiential training for real-life professional impact: the formation of professional identity in trainee solicitors through a discrete intervention course on ethics and lawyering skills

The apprenticeship model of solicitor training in Ireland is split between time spent in the law firm and time spent in professional education at the Law Society of Ireland. Learning in law is a process of shaping identity and becoming part of a community, and professional socialisation is a key aspect of this professional development. However, many trainees arrive at the vocational training stage with little or no understanding of how their personal morals and ethics will impact on their future roles as lawyers. This article relates to an intervention study in the Law Society of Ireland with trainee solicitors at professional legal education level in the form of a two-month course entitled “Certificate in Legal Ethics and Lawyering Skills”. This intervention embraces an experiential learning approach and a wide view of ethics that moves beyond a defensive rule-based approach and supports trainees in grappling with ethics and negotiating within the more rigid and collectively based moral discourses which are a necessary part of constructing professional identity. The course framework embraced a variety of pedagogic approaches for effective teaching and fostering ethical professional identity such as role-play, small group discussion, video and online discussion forums and mixed method assessment.     

Drug-free workplace programmes: New Zealand perspective

New Zealand (NZ) companies have been introducing Drug & Alcohol Free Workplace Policies and Programmes, which include testing, since 1992. Most "safety-critical" industry sectors are now embracing drug and alcohol testing as part of comprehensive programmes which also have a strong focus on education and rehabilitation. Prison Inmate testing was also introduced in 1998. Lawful drug testing in NZ should be conducted to the strict medico-legal requirements of the Australian/New Zealand Standard, AS/NZS 4308:2001 "Procedures for the collection, detection and quantitation of drugs of abuse in urine." This paper gives an overview of the NZ experience, highlighting the mix of testing options employed, the industry sector trends, the categories of drugs misused, the influence of significant Employment Court Judgements, proposed changes to the AS/NZS 4308(2006), and current oral fluid research projects.